Illinois Affidavit as to Heirship of (Name of Person), Deceased (With Corroborating Affidavit)
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How to fill out Affidavit As To Heirship Of (Name Of Person), Deceased (With Corroborating Affidavit)?
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FAQ
(b) The ascertainment of heirship may be made from (1) an affidavit of any person stating the facts from which the heirship of the decedent can be ascertained, which affidavit shall be signed and sworn to or affirmed before any notary public or judge of any court of record in the United States or any of its possessions ...
What is an Affidavit of Heirship in Illinois? An affidavit of heirship is a written statement establishing the right of inheritance. To be valid, it must be signed under oath and witnessed by a third party.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.
After considering evidence concerning heirship, the Court declares that the following are the only heirs of the. decedent: Relationship. Name.
The list of heirship is as follows: If the decedent has a surviving spouse and surviving children, then the spouse gets half of the estate and the surviving children take the other half of the estate.
An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased and his or her family history, but cannot benefit financially from the estate.
Many clients with whom you consult may be surprised to learn that Illinois law requires that the will of a decedent must be filed with the clerk of the circuit court shortly after the decedent's death (755 ILCS 5/6-1).